THE EROSION OF THE FEDERAL CONSTITUTION OF MALAYSIA

The Malaysian Parliament Building

Outside view

Inside view

“The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government - lest it come to dominate our lives and interests.” ~ Patrick Henry

There were inalienable rights and freedoms for the citizens enshrined in the Federal Constitution.

What has happened to those rights and freedoms?

They have been eroded, diluted and whittled away by subsequent changes, rules, regulations and subsidiary legislation.

Rights and freedoms have been gradually and systematically eroded, there have been hundreds of amendments to the Federal Constitution, in the preceding 50 years (averaging about 12 per year), how were these amendments made so easily?

How was it possible for the government to so easily dilute and make meaningless those very rights that were promised and guaranteed in the Federal Constitution?

The answer is simple, in order to amend the Federal Constitution, a two-thirds majority is required. Who gave the BN government a two-thirds majority, time after time after time?

You, the Malaysian Voters, you are yourselves responsible for the predicament you are in today. The erosion of fundamental human rights, discrimination, racism, lack of true justice, and so on.

The BN tells the people they need a two-thirds majority to govern effectively, not justly but effectively. The word ‘effectively’ here means, ‘as they like’, ‘to suit their own needs’, ‘to stifle dissent’ and what have you.


The fact that a government with a two-thirds majority is in the position to amend the Federal Constitution willy-nilly, accounts for the massive number of amendments that have been passed in the 50 years since Malaysia’s independence.

The spirit of the original document has been so diluted that the current ‘watered down’ Malaysian Federal Constitution bears only a superficial resemblance to the original version.

In Malaysia, to amend the Constitution, requires a simple two-thirds majority of elected representatives voting in Parliament, this perpetual 2/3 BN majority has been the magic key to the ease of passing any constitutional amendment and changing the basic fundamental law of the land.

Without a 2/3 majority, such Constitutional Changes are not able to be made, without any checks and balances, just to facilitate the governments whims and fancies

The question we must now ask is,

“Will Malaysian voters continue to allow the present government a free hand to further chip away their freedoms and rights which were enshrined and guaranteed in the Federal Constitution?

If the answer is NO, then 8^th March 2008 is the date and 08:00 am is the time to vote to deny the BN that two-thirds majority!

Mr. P Ramakrishnan's article on Malaysiakini, re this subject, which gave me some inspiration to write this post.


Lets toast to victory!